Author name: SpicyIP

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SpicyIP Weekly Review (November 6- November 12)

/ By / Copyright, COVID-19, Patent, Trademark

After a busy week at the blog, here are our summaries of the 9 blog posts published last week along with the summaries of some interesting orders from different courts. Anything we are missing out on? Please drop a comment and let us know. Highlights of the Week India Accelerates in the Patent Race: But Is There a Pot of Gold at the End of the Rainbow? The World IP Indicator 2023 highlights India’s progress in the global patent race. […]

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Nodal Officers: Unbalancing Expedience and Fairness

/ By / Copyright

[This post is authored by SpicyIP Fellow Yogesh Byadwal. Yogesh is a 3rd year B.A. LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in IP Law, Constitutional Law and Criminal Law. His previous posts can be accessed here]. On November 3, 2023, Ministry of Information and Broadcasting issued a notification (see here), establishing an ‘institutional mechanism of Nodal Officers’, under Sec. 7(1B)(ii) Cinematograph Act, 1953, for issuing notifications to intermediaries to disable access to content found

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Johnson & Johnson’s “Non-Enforcement” of Bedaquiline Patents: What has Actually been Gained?

/ By / Patent

[This post has been co-authored by Swaraj Paul Barooah and Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous post can be accessed here]. On September 29th, 2023, the Pharma giant, Johnson and Johnson (“J&J”) made headlines around the world after they (finally) announced that they will no longer enforce their patents for bedaquiline (brand name:

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Ayur United Care LLP v. UOI: Where do Appeals from IPAB lie?

/ By / Others

[This post is authored by SpicyIP Fellow Yogesh Byadwal with inputs from Swaraj and Praharsh. Yogesh is a 3rd year B.A. LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in IP Law, Constitutional Law and Criminal Law. His previous posts can be accessed here.] Recently on October 16, 2023, the Delhi High Court in Ayur United Care LLP v. UOI made important observations regarding the listing of writ petitions challenging orders passed by the (now

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IP Rights, Access, and WHO’s Pandemic Accord

/ By / Patent

On February 1, 2023 the Zero Draft of the WHO’s proposed Pandemic Prevention, Preparedness and Response Accord was published by the Intergovernmental Negotiating Body. Bringing us up to date with the key aspects of the accord and the current stage of negotiations, we are pleased to bring to you a guest post by SpicyIP intern Arnav Laroia. Arnav is a second-year law student at West Bengal National University of Juridical Sciences, Kolkata. He is interested in understanding and advocating for

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SpicyIP Weekly Review (October 30- November 5)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Time to look Beyond Compulsory Licenses? A Glimpse at the Ribociclib Case Are Compulsory Licenses the cure for assuring access to drugs? In her detailed post, Tejaswini Kaushal takes a deep dive into the facts of the ongoing case before the Kerala High Court

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Potential Loopholes in the Execution of Local Commission

/ By / Others

IP lawyers would agree that local commission plays an extremely important role in IP litigation by assisting the court in securing evidence against the allegation of infringement. Highlighting potential vulnerabilities in executing a local commission and discussing the solutions to overcome them, we are pleased to bring to you a co-authored post by Rohit Pradhan and Brahmakrit Rao Gadela. Rohit is an IPR litigator working as an Associate at LitLegal, practising before Hon’ble Delhi High Court and Districts Court in

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Time to look Beyond Compulsory Licenses? A Glimpse at the Ribociclib Case

/ By / Patent

[This post is authored by SpicyIP Intern Tejaswini Kaushal with inputs and comments from Swaraj and Praharsh. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law]. Recently, the Print reported that Novartis and Eli Lilly have voiced their opposition to the idea of compulsory licensing (“CL”) for breast cancer medications, Ribociclib and Abemaciclib. In an affidavit filed before the

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No Bed of Roses: Sumitomo Rubber Industries is Seeking to Register Floral Fragrance Reminiscent of Roses as Applied to Tyres in India

/ By / Trademark

Recently, Sumitomo Rubber Industries filed an unusual application seeking to register an olfactory mark as a wordmark! Discussing this anomaly, we are pleased to bring to you a guest post by Akshay Ajayakumar. Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). He is currently a consultant at Sim and San, Attorneys At Law. His previous posts can be accessed here. Views expressed here

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SpicyIP Weekly Review (October 23- October 29)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Intellectual Rigour, Redefining Judicial Courage: Supreme Court Justice SR Bhat’s Rich Legacy After an illustrious career spanning more than 4 decades at the bar and bench, the doyen of Intellectual Property Rights, Justice Shripathi Ravindra Bhat retired as a Judge of the

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